Territory v. Ashby
Montana Supreme Court
Appeal from Tim'd District, Lewis cmd Gla/rhe Comity. The court, Wade, J., sustainfed Ashby’s motion to quash the indictment, and the Territory appealed. The offense is couched in the language of the statute. The offense of erecting a nuisance is the same as that of continuing it. Acts 1865, 209, § 129 j Cod. Sts. 303, '§ 147; 544, §§ 2, 3. Every continuance of a nuisance is a new offense under the statute.
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Appeal from Tim'd District, Lewis cmd Gla/rhe Comity. The court, Wade, J., sustainfed Ashby’s motion to quash the indictment, and the Territory appealed. The offense is couched in the language of the statute. The offense of erecting a nuisance is the same as that of continuing it. Acts 1865, 209, § 129 j Cod. Sts. 303, '§ 147; 544, §§ 2, 3. Every continuance of a nuisance is a new offense under the statute. A series of acts, which separately or together constitute an offense, may be charged in a single count. All of the acts constitute no more of an offense than one of them. People v. Fr The…
1Opinion of the Court
Servís, J..
The defendant was indicted, at the October term of Lewis and Clarke county district court, A. D. 1872, charged with the commission and continuance of a nuisance.
The indictment charges: “ That, at the time of committing the nuisance hereinafter mentioned, there was and yet is a certain ancient common highway in the town of Helena, in the county of Lewis and Clarke, in the Territory of Montana, known as-alley, in block No. 28 of said Helena, leading from and through said block No. 28 of said Helena, into, through and over a certain other public highway, called Bodney street, for all…
2Cases cited1 opinion
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1818
3Cited by2 opinions
- Commonwealth v. PeretzMassachusetts Supreme Judicial Court · 1912
- State v. Southern Indiana Gas Co.Indiana Supreme Court · 1907